JOINING PARTY Sample Clauses

JOINING PARTY. [•], by and on behalf of certain of its and its affiliates’ managed funds and/or accounts By: Name: Title: Holdings: AGREED AND ACCEPTED AS OF THE JOINDER DATE: PACIFIC DRILLING S.A., as Debtor By: Name:
AutoNDA by SimpleDocs
JOINING PARTY. [COMMITMENT PARTY], by and on behalf of certain of its and its affiliates’ managed funds and/or accounts By: Name: Title: [HoldCo Equityholders][HoldCo Noteholders] Backstop Commitment Holdings: Holdings of HoldCo Notes: Holdings of HoldCo Equity Interests: AGREED AND ACCEPTED AS OF THE JOINDER DATE: ULTRA PETROLEUM CORP., as Debtor By: Name: Title: Exhibit D
JOINING PARTY. [COMMITMENT PARTY], by and on behalf of certain of its and its affiliates’ managed funds and/or accounts By: Name: Title: Holdings of Unsecured Notes: Holdings of Secured Notes: AGREED AND ACCEPTED AS OF THE JOINDER DATE: LINN ENERGY, LLC, as Debtor By: Name: Title: EXHIBIT A – TERM SHEET EXECUTION COPY LINN ENERGY, LLC BACKSTOP TERM SHEET This rights offering backstop term sheet (this “Term Sheet”) is not an offer or a solicitation with respect to any securities of Linn Energy, LLC or Newco (as defined in the RSA (as defined below)) or any of the Company’s subsidiaries or affiliates. Any such offer or solicitation shall comply with all applicable securities laws and/or provisions of title 11 of the United States Code (as amended, the “Bankruptcy Code”). This Term Sheet is being provided in connection with that certain Restructuring Support Agreement, dated as of October 7, 2016, by and among Linn Energy, LLC, on behalf of itself and its direct and indirect subsidiaries (collectively, excluding Linn Acquisition Company, LLC and Xxxxx Petroleum Company, LLC and their direct and indirect subsidiaries, the “Company”), certain holders of claims pursuant to the Company’s Sixth Amended and Restated Credit Agreement dated April 24, 2013, and certain holders of notes issued by the Company (together with the restructuring term sheet and other exhibits attached thereto, the “Restructuring Support Agreement” or “RSA”), and sets forth certain principal terms and conditions of the rights offering and backstop transactions contemplated thereby. Capitalized terms that are used and not otherwise defined herein shall have the meanings given to them in the Restructuring Support Agreement.
JOINING PARTY. [COMMITMENT PARTY], by and on behalf of certain of its and its affiliates’ managed funds and/or accounts By: Name: Title: [Secured][Unsecured] Backstop Commitment Holdings: Holdings of Unsecured Notes: Holdings of Secured Notes: AGREED AND ACCEPTED AS OF THE JOINDER DATE: LINN ENERGY, LLC, as Debtor By: Name: Title: Exhibit E
JOINING PARTY. REPRESENTATIVE Each Joining Party shall identify in writing a representative who shall possess authority to bind that Joining Party in all Project matters, and who, if applicable, will be that Joining Party’s Core Group representative.
JOINING PARTY. NQ Nominees Pty. Ltd. ATF NQ Nominees Unit Trust (666 485 614) By: Name: Hxxx Xxxx Xxxxx Title: Director Email: jxxx@xxxxxxxxxx.xxx By: Name: Dxxxx Jxxx Xxxxxx Title: Director Email: dxxxx@xxxx.xxx.xx Address for notices: 8 Xxxxxx Xxx XXXXX XXXXX XXX 0000 Xxxxxxxxx
JOINING PARTY. [JOINING PARTY], by and on behalf of certain of its and its affiliates’ managed funds and/or accounts By: Name: Title: Private Placement Holdings: Holdings of Allowed Second Lien Notes Claims: Holdings of Allowed Class 5B Claims: AGREED AND ACCEPTED AS OF THE JOINDER DATE: PEABODY ENERGY CORPORATION, as Debtor By: Name: Title: Exhibit C [TO BE PROVIDED] [PRIVATE PLACEMENT PARTIES] By: _____________________________________ Name: Title: Notice Information [Address] [Email address] [Attention to:] Exhibit D Plan Support Agreement [TO BE PROVIDED] Exhibit E Illustrative Allocation of Common Shares (Fully Diluted)
AutoNDA by SimpleDocs
JOINING PARTY. The Seller shall procure that the Seller Designated Investment Entity will become a Party to this Agreement by executing as soon as practicable after the establishment of the Seller Designated Investment Entity the Joinder Agreement and agree to comply with and be bound by all of the provisions of this Agreement in all respects as if the Seller Designated Investment Entity were a Party to this Agreement and were named herein as a Party and on the basis that reference herein to each Party includes a separate reference to the Seller Designated Investment Entity.

Related to JOINING PARTY

  • Additional Guarantor Each additional Wholly Owned Subsidiary of Borrower which becomes a Subsidiary Guarantor pursuant to §5.5.

  • New Guarantors The Parent Guarantor covenants and agrees that if any Subsidiary of the Parent Guarantor that is not a Guarantor becomes a Relevant Guarantor, then within 30 days of such Subsidiary becoming a Relevant Guarantor, the Parent Guarantor shall cause such Relevant Guarantor to also become a Subsidiary Guarantor (each, a “New Guarantor”) of all amounts due and owing on the Outstanding Securities by having the New Guarantor, the Issuer and the Trustee delivering a New Guarantor Supplemental Indenture within such 30 days, provided that such New Guarantor’s Guarantee may contain any limitation required under the laws of the jurisdiction in which it is organized, or which are substantially similar to the limitations contained in such other new guarantees given by the New Guarantor in relation to the Specified Indebtedness giving rise to its status as a Relevant Guarantor. Upon execution and delivery by the New Guarantor of its New Guarantor Supplemental Indenture and any other documents provided for in this Section 1010, the New Guarantor shall be a Guarantor for the purposes of this Indenture (and shall be deemed to be added to the list of Guarantors contained in Schedule 1 hereto) and for purposes of all amounts due and owing on all Outstanding Securities. In connection therewith, (i) the rights and obligations of such New Guarantor and the restrictions imposed upon it under this Indenture shall be the same in all respects as if the New Guarantor had been an Original Guarantor and (ii) the rights and obligations and restrictions imposed upon the other Guarantors shall be the same in all respects as if the New Guarantor had been an Original Guarantor.

  • Additional Guarantors The Company shall cause each of its subsidiaries formed or acquired on or subsequent to the date hereof to become a Guarantor for all purposes of this Guarantee by executing and delivering an Assumption Agreement in the form of Annex 1 hereto.

  • Additional Pledgors It is understood and agreed that any Subsidiary of the Borrower that is required to execute a counterpart of this Agreement after the date hereof pursuant to the Credit Agreement shall automatically become a Pledgor hereunder by executing a counterpart hereof and delivering the same to the Pledgee.

  • Additional Parties The Lending Agent agrees that additional Clients may be added as parties to this Agreement from time to time upon written notice to the Lending Agent and upon written consent of the Lending Agent to the addition of any such additional Client.

  • Guarantor The word "Guarantor" means and includes without limitation each and all of the guarantors, sureties, and accommodation parties in connection with any Indebtedness.

  • Additional Guarantors and Grantors Subject to any applicable limitations set forth in the Security Documents, the Borrower will cause each direct or indirect Domestic Subsidiary (excluding any Excluded Subsidiary) formed or otherwise purchased or acquired after the Original Closing Date (including pursuant to a Permitted Acquisition) and each other Domestic Subsidiary that ceases to constitute an Excluded Subsidiary to, within 30 days from the date of such formation, acquisition or cessation, as applicable (or such longer period as the Administrative Agent may agree in its reasonable discretion), and Borrower may at its option cause any Subsidiary to, execute a supplement to each of the Guarantee, the Pledge Agreement and the Security Agreement in order to become a Guarantor under the Guarantee and a grantor under such Security Documents or, to the extent reasonably requested by the Collateral Agent, enter into a new Security Document substantially consistent with the analogous existing Security Documents and otherwise in form and substance reasonably satisfactory to such Collateral Agent and take all other action reasonably requested by the Collateral Agent to grant a perfected security interest in its assets to substantially the same extent as created by the Credit Parties on the Original Closing Date (including, without limitation, in the case of a Foreign Subsidiary causing such Foreign Subsidiary to execute guarantees and security agreements compatible with the laws of such Foreign Subsidiary’s jurisdiction in form and substance reasonably satisfactory to the Collateral Agent). Notwithstanding anything in any Credit Document to the contrary, as of the 2014 July Repricing Effective Date: (i) FDR Limited, Money Network Financial, LLC and TeleCheck Services, Inc. are each released as Guarantors under the Credit Documents, (ii) FDR Limited shall be deemed a Foreign Subsidiary for purposes of any requirement relating to the pledge of Equity Interests in FDR Limited and (iii) unless the Borrower notifies the Administrative Agent otherwise prior to the time such release would apply, any Guarantor shall be automatically cease to be a Guarantor under the Credit Documents and in such capacity will be automatically released from the Guarantees (and for the avoidance of doubt each other Security Document) to the extent such Guarantor ceases to be a wholly-owned Domestic Subsidiary of the Borrower and the value of such Guarantor at such time (when aggregated with the value (at the time of release) of all prior Guarantors that have ceased to be Guarantors pursuant to this clause (iii)), does not exceed (a) 10% of Consolidated EBITDA as of the most recently ended Test Period plus (b) the amount of Investments that would be permitted to be made pursuant to Section 10.5 (other than clause (g)(i)(c) thereto) with respect to such Subsidiary (as such Subsidiary exists after ceasing to be a Guarantor), it being understood such usage shall reduce the amounts that would otherwise available for such Investments. It is understood and agreed that this paragraph does not authorize the release of all or substantially all of the Guarantors under the Guarantees or the release of all or substantially all of the Collateral under the Security Documents.

  • Additional Documents On or prior to the Closing Date or the Additional Closing Date, as the case may be, the Company shall have furnished to the Representatives such further certificates and documents as the Representatives may reasonably request. All opinions, letters, certificates and evidence mentioned above or elsewhere in this Agreement shall be deemed to be in compliance with the provisions hereof only if they are in form and substance reasonably satisfactory to counsel for the Underwriters.

  • Notice of Developments Each Party will give prompt written notice to the other Party of any material adverse development causing a breach of any of its own representations and warranties in Section 3 and Section 4 above. No disclosure by any Party pursuant to this Section 5(f), however, shall be deemed to amend or supplement the Disclosure Schedule or to prevent or cure any misrepresentation, breach of warranty, or breach of covenant.

  • Additional Assignors It is understood and agreed that any Subsidiary of the Borrower that is required to execute a counterpart of this Agreement after the date hereof pursuant to Sections 7.13 and/or 8.14 of the Credit Agreement shall automatically become an Assignor hereunder by executing a counterpart hereof and delivering the same to the Collateral Agent. * * *

Time is Money Join Law Insider Premium to draft better contracts faster.